Terms And Conditions

Last update: 24 April 2018

I. Applicability

(1) The present general terms and conditions (GTC) apply to all contracts concluded between you and us, twoplus Ifran & Horvath GbR (Mainzer Str. 24 10247, Berlin Germany, VAT-number DE316148342) (HolaBrief) via this online tool holabrief.com, unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.

(2) You will be notified of changes and amendments of these Terms in writing or via email if you are a registered user. If you do not object an amendment within one week after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment.

II. Registration as User

(1) Your registration at holabrief.com will be made free of charge. A claim for an admission to our online-tool does not exist.

(2) Only businessmen are permitted to register and use HolaBrief's services. A businessman is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, according to § 14 German Civil Code (BGB). You must send us a copy of your identity card, your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company's registry on our request. For admittance, you must electronically fill out the application form on our website and send it to us. The information required for application shall be given by you complete and truthful.

(3) With your application, you choose a pass word. Your user name will be the given email address. You are obliged to keep the password secret and not to disclose it to third parties.

(4) Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under „My account" at all times. You will not be obliged to buy any of the goods and services offered by us only due to your registration.

(5) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online und „My account" after the log in.

III. Conclusion of Contract, Contract Language

(1) The presentation of the products and services at websites of HolaBrief does not «institute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Confirm payment" in the last step of the order process, you submit a binding offer for booking of the services/ Packages listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email. Please regularly check the spam folder of your mailbox.

(3) In our online service tool, you can select services by placing them in the shopping cart via click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product/ service selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next" to access a page that summarizes the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the “Confirm payment” button, you place a binding order in the meaning of subsection (2).

(4) The exclusive language available for the conclusion of the contract shall be English. Translations of these GTC or any other documents into other languages are for information only. In the event of contradictions between the English text and the translations, the English text shall prevail.

IV. Services of HolaBrief and Confidentially

(1) HolaBrief is an online tool that allows registered users to create and storage briefings for design-related projects. These Projects can be shared with team members by inviting them to view and edit. The sharing of the project can be realised by (i) inviting a team member to collaborate on the project, (ii) sharing the project via a public link (anyone with the link can see the project but can not edit it) and (iii) downloading the briefing as a pdf file and sharing it. A detailed description of the services currently offered can be found on the website. HolaBrief may modify, adapt, expand or limit the Services at any time.

(2) HolaBrief will keep the user data secure from access by third parties in compliance with applicable data protection and privacy laws. HolaBrief will have access to the data exclusively at the request and to the extent of the customer's request. HolaBrief will not provide itself with access to the data for its own purposes and ensures absolute confidentiality.

V. Payment Conditions

(1) The registration on HolaBrief is free. For the usage of the described services the user can choose between the following plans:

  1. Starter plan: You can use 1 (one) project for free with not time limitation. The project has a limitation of 2 (two) members per project (including the project creator).
  2. Advanced plan: You can use 10 (ten) active projects and 10 (ten) inactive projects. All projects have a limitation of 3 (three) members per project (plus the project creator). The Advanced plan has additional features as described on our website.
  3. Teams plan: You can use unlimited active and inactive projects with an unlimited number of members per project. Additional project creators will be charged separately. The Teams plan has more additional features as described on our website.

The actual scope of each plan as well as the respective price result from the description on the homepage. Only the content described on the website is deemed to be contractually agreed. The features listed in these terms are for convenience only and are not binding.

(2) All plans are concluded bindingly for the specified time. Any termination, cancelation or a downgrade is excluded before expiry of the agreed term. If the customer terminates, cancel or downgrade a plan, he/she shall continue to be entitled to the contractually agreed services until the end of the remaining contractual term and any refund is excluded. The right of both parties to terminate without notice for good cause shall remain unaffected.

The contract is automatically extended for the agreed period if it is not terminated by one party before the end of the contract period.

(3) All prices are fixed prices (VAT included if applicable). The prices shall be paid in advance at the beginning of the agreed contract period for the entire contract period. A refund will only take place if the customer terminates the contract for good cause before the end of the agreed contract period. If HolaBrief offers another any refund or reduction, this is always done as a gesture of goodwill and without recognition of any future obligation.

(4) HolaBrief is entitled to change the fees at the beginning of the next contract period with a reasonable notice period of at least one month. If the customer does not object to the change within a reasonable period set by HolaBrief, the change shall be deemed approved. HolaBrief shall inform the customer in the notification of change that the change will become effective if he does not object.

(5) As payment methods HolaBrief currently offers payment by credit card via Stripe and PayPal. For further information: https://stripe.com/de/privacy and https://www.paypal.com/de/webapps/mpp/ua/privacy-full

(6) The customer is not entitled to withhold payments unless he has a statutory right of retention from the same contractual relationship. Offsetting is only permissible if the claim with which offsetting is carried out is undisputed or legally established.

(7) If HolaBrief can't process a payment due to a problem with the payment method that is attributable to the user, HolaBrief will notify the user. If the user does not solve the problem within 7 days, HolaBrief has the right to cancel the contract, suspend it or reset the user to the Starter Plan. In this case all the the active projects will become inactive and the user loses access to the projects if they exceed the scope of the Starter Plan. These will not be deleted by HolaBrief for a period of one year, but the user only receives renewed access after payment of the originally booked plan. The same applies if a plan subscription expires and existing projects are classified as inactive. Costs for unauthorised return debts shall be borne by the customer.

VI. Limitation of Liability

(1) We try to offer the best possible services and to keep them always up to date. Nevertheless, it is not possible for us to assume liability for the up-to-dateness and completeness of the samples and forms provided by us. Nor can we guarantee that these are actually applicable to the respective project of the User. We are not liable for any The User is therefore obliged to check applicability in advance. If you have any questions, please do not hesitate to contact us.

(2) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance, you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

(3) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our website and our online-services.

VII. Final Provisions

(1) Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.

(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISC).

(3) Venue of performance is Berlin. The Landgericht Berlin shall have exclusive jurisdiction for dispute, in connection with this contract.

(4) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.

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